MAP_Policy
1501 Pomona Road, Corona, CA 92880 – 951.279.6655 – racetech.com
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RACE TECH MINIMUM ADVERTISED PRICING POLICY
In order to preserve a history of providing high value products and maintain strong relationships and business with Dealers, Centers, Distributors and Customers, and to enhance the Race Tech brand image while maintaining competitiveness in the marketplace, Race Tech, inc. (“Race Tech”) is instituting a policy of minimum advertised price standards for Race Tech products. This Minimum Advertised Pricing Policy (“MAP Policy”) will be effective May 1, 2019 and will apply to distributors, Centers, and Dealers, including catalogs and internet retailers (collectively, “Resellers”), who resell Race Tech products to end users. Race Tech greatly values the efforts of all Resellers to distribute Race Tech products. This MAP Policy is adopted for the benefit of all Resellers and will be uniformly enforced. This MAP Policy shall work under the following guidelines: 1.Race Tech will, from time to time, publish a Schedule of Manufacturer's Suggested Retail Prices (“MSRP Schedule”) on its internet website, which may be amended or adjusted by Race Tech at any time in its sole discretion. The MSRP Schedule will identify the effective date, the Race Tech products and the manufacturer's suggested retail price (“MRSP”) for those products. Each advertisement of a Race Tech product identified in the MSRP Schedule more than 10% below the MSRP will be a violation of this MAP Policy. Race Tech products not specifically identified in the MSRP Schedule are not subject to this MAP Policy. The MSRP Schedule can be found here: (URL). 2.This MAP Policy applies to all advertisements of Race Tech products listed on the MSRP Schedule in any and all media, including, but not limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, e-mail newsletters, e-mail solicitations, internet or similar electronic media, television, radio, and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). 3.The inclusion in advertising of free or discounted products (whether made by Race Tech or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it has the effect of discounting the advertised price of the covered Race Tech product more than 10% below the MSRP. 4.If pricing is displayed, any strike-through or other alteration of the MSRP that is paired with a discount price more that 10% below the MSRP is prohibited. 5.This MAP Policy applies only to advertised prices and does not apply to the price at which Race Tech products are actually sold or offered for sale to an individual consumer within Resellers' retail location or over the telephone. Resellers remain free to sell these products at any prices they choose under these circumstances. 6.This MAP Policy does not establish maximum advertised prices. All Resellers may offer Race Tech products at any price in excess of the MSRP. 7.Internet auctions may not display or have reserved bid or other acceptable prices more than 10% below the MSRP. 8.Pricing listed on an internet site is considered an “advertised price” and must adhere to this MAP Policy. Once the pricing is associated with an intent to purchase (added to secure, not public, shopping cart or order), the price becomes the selling price and is not bound by this MAP Policy. Statements such as “add to basket to see price”, “we will match any price”, “call for price” or phrases of similar import are acceptable as long as the price advertised or listed for the products is not more than 10% below the MSRP. In addition, discounts applied at checkout to the entire order based on a customer's purchasing history with the Reseller, such as discounts for “frequent shoppers”, do not violate this MAP Policy. 9.This MAP Policy is solely within Race Tech’s discretion and authority acting through the duly authorized managers of Race Tech. No employee or sales representative of Race Tech has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be in writing and directed via U.S. Mail to MAP Policy Administrator, Race Tec, inc., 1501 Pomona Rd., Corona, CA 92880 or via e-mail to sales@racetech.com who will respond only in writing. No oral communications about this MAP Policy are authorized. The MAP Policy Administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to Resellers regarding the policy and receiving any communications regarding sanctions imposed under this MAP Policy. Any action taken by Race Tech under this MAP Policy shall be without liability to Race Tech. 10.Intentional and/or repeated failure to abide by this MAP Policy will result in sanctions unilaterally imposed by Race Tech. The level of sanctions will be determined by Race Tech in its sole discretion and may include indefinite termination of dealership or distributorship. Race Tech does not intend to do business with Resellers who degrade the image of Race Tech and its products. Race Tech need not provide prior notice or issue warnings before taking any action under this MAP Policy. First Offense: Dealer/Distributor will receive notification explaining the MAP policy and how to be compliant. Second Offense: Dealer/Distributor will receive notification and will be given forty-eight (48) hours to comply for electronic copy and thirty (30) days to comply with print copy. Third Offense: Dealer/Distributor will receive notification of their violation and will be placed on a non-ship basis for thirty (30) days. Fourth Offense: Dealer/Distributor will receive notification of their violation and will be placed on a non-ship basis for ninety (90) days. Fifth Offense: Dealer/Distributor will receive notification of their violation and will be placed on a non-ship basis indefinitely. This may be reviewed after a period of one (1) year. 11.Distributors of Race Tech products will supply a copy of this MAP Policy to any new or existing Reseller for their records. 12.The terms of this MAP Policy are confidential and should not be disclosed to other parties. This MAP Policy has been established by Race Tech to help ensure Race Tech’s position as a top producer of high quality products and to protect the reputation of its name and products. This MAP Policy is also designed to avoid destructive intra-brand conflict and to ensure that dealers and distributors have the incentive to invest resources into services for Race Tech customers. For more information about Race Tech’s products, tools, and suspension seminars please visit racetech.com or call our friendly sales staff at: 951-279-6655. Race Tech has a history of over 35 years producing the highest quality suspension components and tools; including Gold Valves, for most types of motorcycles and ATVs, to distribute worldwide. |